2018 Kentucky Revised Statutes CHAPTER 16 - STATE POLICE .198 Appointment, salary, benefits, conditions of employment, and number of individuals employed as a Trooper R Class or a CVE R Class.
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16.198 Appointment, salary, benefits, conditions of employment, and number of
individuals employed as a Trooper R Class or a CVE R Class.
The appointment, salary, benefits, and number of individuals employed as a Trooper R
Class and CVE R class shall be as follows:
(1) The commissioner may appoint CVE R Class employees. CVE R Class employees
shall serve on a contractual basis for a term of one (1) year, and the contract may be
renewed annually, by agreement of the parties, for no more than nine (9) additional
one (1) year terms.
(2) The commissioner may appoint Trooper R Class employees who shall serve on a
contractual basis for a term of one (1) year. The contract may be renewed on an
annual basis upon the agreement of both parties. A Trooper R Class employee shall
be required to pass a physical fitness test every three (3) years.
(3) The compensation for Trooper R Class employees and CVE R Class employees
shall be established by administrative regulation promulgated pursuant to KRS
Chapter 13A.
(4) (a) All appointments of individuals employed as a Trooper R Class and CVE R
Class shall be based upon agency need as determined by the commissioner.
(b) Work stations for individuals employed as a Trooper R Class and CVE R
Class shall be determined by agency need with consideration given to the
applicant's stated preference.
(c) Merit of individuals employed as a Trooper R Class and CVE R Class shall be
determined by the applicant's work performance history.
(d) Fitness of individuals employed as a Trooper R Class and CVE R Class shall
be determined by the applicant's ability to adhere to the agency standards set
by the commissioner under this chapter.
(5) The number of individuals employed as a Trooper R Class and CVE R Class by the
department shall not:
(a) Exceed one hundred (100); or
(b) Be counted in the total employee cap for the department.
(6) All individuals employed as a Trooper R Class and CVE R Class shall be assigned
the job duties of trooper or commercial vehicle enforcement officer and shall not be
placed in any supervisory positions or special work assignments.
(7) Notwithstanding any provision of KRS 16.505 to 16.652, KRS 18A.005 to
18A.228, and KRS 61.510 to 61.705 to the contrary:
(a) Individuals employed as a Trooper R Class and CVE R Class shall continue to
receive all retirement and health insurance benefits provided by the systems
administered by Kentucky Retirement Systems to which they were entitled
upon retiring from the department as a commissioned officer under this
chapter;
(b) Individuals employed as a Trooper R Class and CVE R Class shall not be
eligible to receive health insurance coverage or benefits through the
department and shall not be eligible to participate in the State Police
(8)
(9)
Retirement System or the Kentucky Employees Retirement System; and
(c) The department shall not pay health insurance contributions to the state health
insurance plan for individuals employed as a Trooper R Class or CVE R
Class.
Individuals employed as a Trooper R Class or CVE R Class shall be employed on a
contractual basis and shall be provided due process pursuant to KRS 16.140 or
16.192 for any disciplinary action imposed by the commissioner. A decision by the
commissioner to not renew a contract shall not be considered a disciplinary action
for purposes of this section.
The provisions of this section shall not eliminate or reduce any requirements under
KRS 61.637 for the department to pay employer contributions to the retirement
systems or to reimburse the retirement systems for the cost of retiree health, on any
individual employed as a Trooper R Class or CVE R Class.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 6, sec. 8, effective July 15, 2016; ch. 109, sec. 9,
effective July 15, 2016; and ch. 110, sec. 10, effective July 15, 2016. -- Amended
2013 Ky. Acts ch. 64, sec. 3, effective June 25, 2013. -- Created 2009 Ky. Acts ch.
59, sec. 14, effective June 25, 2009.
Legislative Research Commission Note (7/15/2016). This statute was amended in 2016
Ky. Acts ch. 109, sec. 9 and ch. 110, sec. 10. 2016 Ky. Acts ch. 110, sec. 15
provided that ch. 110 takes precedence over ch. 109. Chapter 110 was also the laterpassed bill. Therefore, 2016 Ky. Acts ch. 110, sec. 10 has been codified and 2016
Ky. Acts ch. 109, sec. 9 has not. This statute was also amended by 2016 Ky. Acts ch.
6, sec. 8. 2016 Ky. Acts chs. 6 and 110 do not appear to be in conflict and have been
codified together.
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